Decision number: [complete]
Model grant decision (mono beneficiary): March 2014
Education, Audiovisual and Culture Executive Agency
Creative Europe - MEDIA
GRANT DECISION FOR AN ACTION
Financing exclusively by lump sum contribution(s) and/or unit contribution(s)
Decision Nr […] of the
Education, Audiovisual and Culture Executive Agency
on the award of a grant to support SUPPORT FOR FILM FESTIVALS
within the Creative Europe - MEDIA
The Education, Audiovisual and Culture Executive Agency (hereinafter referred to as "the
Agency"), acting under powers delegated by the European Commission (hereinafter referred to as “the
Commission”),
Having regard to the Treaty on the Functioning of the European Union;
Having regard to the Regulation (EU) No 1295/2013 of the European Parliament and of the Council
of 11 December 2013 establishing the Creative Europe Programme (2014 to 2020)1 and its
corrigendum of 27 June 20142;
Whereas:
(1)
Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25
October 2012 on the financial rules applicable to the general budget of the Union3 (hereinafter
the «Financial Regulation») and Commission Delegated Regulation (EU) No 1268/2012 of 29
October 2012 on the rules of application of Regulation (EU, Euratom) No 966/2012 of the
European Parliament and of the Council of 25 October 2012 on the financial rules applicable
to the general budget of the Union4 provide the framework for the award of Union grants;
1
OJ L 347 of 20.12.2013, p.221.
2
OJ L 189/260 of 27.06.2014
3
OJ L 298 of 26.10.2012, p. 1.
4
OJ L 362 of 31.12.2012, p. 1.
1
Decision number: [complete]
(2)
Model grant decision (mono beneficiary): March 2014
Commission Implementing Decision of 18 December 2013 establishing the "Education,
Audiovisual and Culture Executive Agency"5 and repealing Decision CE(2009)336 of 20
April 20096 setting up the Education, Audiovisual and Culture Executive Agency for the
management of Community action in the fields of education, audiovisual and culture in
application of Council Regulation (EC) No 58/20037 provides that the Agency is responsible
for the management of grants to be awarded under the Union programmes delegated to it,
including the Creative Europe – MEDIA Sub-programme;
(3)
Commission Decision C(2015)658 of 12 February 2015 amending Commission Decision
C(2013)9189 of 18 December 2013 delegating powers to the Education, Audiovisual and
Culture Executive Agency with a view to performance of tasks linked to implementation of
Union Programmes in the fields of education, audiovisual and culture, comprising, in
particular, implementation of appropriations entered in the general budget of the Union and
the EDF allocations;
(4)
On XX.09.2015, the Agency has published the call for proposals EACEA 16/2015 Support
for Film Festivals8 (the "call") in order to support European film festivals within the
framework of the Creative Europe – MEDIA Sub-programme;
(5)
Whereas this Grant Decision is the result of a call for proposals by which applicants have
been informed of the model Grant Decision of the Agency and of the General Conditions.
Submission of a grant application implies acceptance of the General Conditions annexed to
this Grant Decision;
(6)
The addressee of this Grant Decision presented a request for a grant under this call for
proposals (application No [insert number and date of the application]), wherein he declares
that he has taken note of the conditions set out in the call, including the General Conditions of
the model Grant Decision annexed to it, and accepts them;
(7)
The application fulfils the conditions set out in the abovementioned call for proposals and has
been selected;
(8)
The Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-thespot checks and inspections carried out by the Commission in order to protect the European
Communities' financial interests against fraud and other irregularities9 and Regulation (EU,
EURATOM) No 883/2013 of the European Parliament and the Council of 11 September 2013
5 OJ L 343 of 19.12.2013, p. 46
6
OJ L 101 of 21.04.2009, p. 26, as amended subsequently.
7 OJ L 11 of 16.01.2003, p. 1.
8 [Insert reference of the publication of the call for proposal in the Official Journal of the EU: OJ C [insert
number of the OJ] of [insert date of the OJ], p. [insert page number].]
9 OJ L 292, 15.11.1996, p. 2–5.
2
Decision number: [complete]
Model grant decision (mono beneficiary): March 2014
concerning investigations conducted by the European Anti-Fraud Office (OLAF)10 provide for
measures for the effective protection of the Union's financial interests;
(9)
The Agency, the Commission and the European Court of Auditors may check the use made of
the grant at any time during the implementation of the action and during a period of five years
following the date of payment of the balance or of three years following the payment of the
balance in the case the maximum amount of the grant is not more than EUR 60.000;
(10)
Whereas the Commission has taken a decision n° C9199/2013 of 18 December 2013
authorizing the use of lump sum and reimbursement on the basis of unit costs to cover one or
more different categories of eligible costs under the Creative Europe – MEDIA SubProgramme.
HAS DECIDED AS FOLLOWS:
10 OJ L 136, 31.5.1999, p. 1–7.
3
Decision number: [complete]
Model grant decision (mono beneficiary): March 2014
ARTICLE 1 – PURPOSE OF THE GRANT
A European Union grant is awarded to:
[full official name] [ACRONYM]
[official legal status or form]
[official registration No]
[official address in full]
[VAT number],
hereinafter referred to as “the beneficiary”,
represented for the purposes of this Grant Decision by [function, forename and surname]
for the action entitled [insert title of the action in bold] ("the action") as described in Annex I, under
the terms and conditions set out in the present Grant Decision, the General Conditions and the other
Annexes to this Grant Decision.
The action shall correspond to the statutory activities and objectives of the beneficiary.
As declared in the application submitted, the beneficiary has accepted the grant and agreed to
implement the action acting on its own responsibility.
ARTICLE 2 – ENTRY INTO FORCE OF THE GRANT DECISION AND DURATION
2.1
The Grant Decision shall enter into force on the date of its notification to the beneficiary.
2.2
The action shall run as of [insert date] (“the starting date of the action”) and shall end on
[insert date].
ARTICLE 3 - MAXIMUM AMOUNT AND FORM OF THE GRANT
The grant shall be of a maximum amount of EUR […] and shall take the form of:
(a) Reimbursement of eligible costs: not applicable.
(b) Unit contribution: not applicable.
(c) A lump sum contribution of EUR […] (“lump sum contribution”) according to the grid of
applicable formulas detailed in Annex VIII
(d) Flat-rate contribution: not applicable.
4
Decision number: [complete]
Model grant decision (mono beneficiary): March 2014
ARTICLE 4 – ADDITIONAL PROVISIONS ON REPORTING, PAYMENTS AND
PAYMENT ARRANGEMENTS
4.1
Reporting periods, payments and additional supporting documents
In addition to the provisions set out in the General Conditions n° 23 and 24, the following reporting
and payment arrangements shall apply:
-
Upon notification of this Grant Decision, a pre-financing payment of 50% of the maximum
amount specified in Article 3 shall be paid to the beneficiary.
Payment of the balance
-
Sole reporting period from [date/month] to the end of the period set out in Article 2.2: The
balance shall be paid to the beneficiary, subject to the receipt of the documents in accordance
with General Condition n° 23.2.(a). and all other accompanying documents mentioned under the
section “Other supporting documents” of this Article.
Other supporting documents:
The request for payment of the balance shall be accompanied by the following documents justifying
the final determination of the lump sum:
-
The festival’s latest official, printed catalogue and programme, and any other additional
evidence that the Agency might request in order to validate the final report and determine the
final grant.
The verification of the implementation of the action will be focused on the number of European films
in the programming.
In the event of non-execution or clearly inadequate execution of an activity planned in the application
attached to the grant agreement, the final grant will be reduced according to the lump sums grids
detailed in the Annex VIII, and where applicable, if the total of earlier payments is higher than the
final grant amount , the beneficiary will be required to remburse the amount paid in excess by the
Agency.
In addition to the above mentioned documents, the beneficiary shall produce a public summary in
English providing information about the results of its project. The summary must be included in the
final report submitted to the Agency.
4.2
Time limit for payments
The time limit for the Agency to make payment of the balance is 60 days.
4.3
Language of requests for payments, technical reports and financial statements
All requests for payments, technical reports and financial statements shall be submitted in preferably
in English, or otherwise in French or in German.
5
Decision number: [complete]
Model grant decision (mono beneficiary): March 2014
ARTICLE 5 – BANK ACCOUNT FOR PAYMENTS
All payments shall be made to the beneficiary's bank account, denominated in euro, as indicated
below:
Name of bank: […]
Address of branch: […]
Precise denomination of the account holder: […]
Full account number (including bank codes): […]
[IBAN code: […]]
ARTICLE 6 - DATA CONTROLLER AND COMMUNICATION DETAILS
6.1
Data controller
The entity acting as a data controller according to General Condition n° 6 shall be the person who is
representing the Agency for the purposes of the signature of this Grant Decision.
6.2
Communication details of the Agency
Any communication addressed to the Agency shall be sent to the following address:
Education, Audiovisual and Culture Executive Agency
Ms.Soon-Mi Peten
Creative Europe - MEDIA Unit/B2
BOUR 03/59
Avenue du Bourget, 1
1049 Brussels
BELGIUM
E-mail address: [email protected]
6.3
Communication details of the beneficiary
This Grant Decision is addressed to the beneficiary:
[Full name]
[Function]
[Name of the entity]
[Full official address]
E-mail address: [complete]
Any communication from the Agency to the beneficiary shall be sent to the above mentioned address.
ARTICLE 7 – ADDITIONAL PROVISIONS ON USE OF THE RESULTS (INCLUDING
INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS)
Not applicable
ARTICLE 8 – ORDER OF PRECEDENCE AND ANNEXES
6
Decision number: [complete]
Model grant decision (mono beneficiary): March 2014
The Annex II "General Conditions" (hereinafter referred to as the "General Conditions") and the other
Annexes to the present Grant Decision form an integral part of the present Grant Decision. The terms
set out in this Grant Decision shall take precedence over those in the General Conditions. The terms
of the General Conditions shall take precedence over the other Annexes.
ARTICLE 9 – OTHER SPECIAL CONDITIONS
ARTICLE 9.1 – CONDITIONS FOR CALLS FOR PROPOSALS
The Agency shall consider as «substantial obligation» within the meaning of General Condition
16.2.1 (b), inter alia, the compliance by the beneficiary, during the duration of the agreement, with the
eligible criteria set out for the beneficiaries and the action in the Call for Proposals.
ARTICLE 9.2 - INAPPLICABILITY OF THE NO-PROFIT PRINCIPLE
By way of derogation from General Condition n° 25.3, the no-profit principle does not apply to the
action.
ARTICLE 9.3 - VISIBILITY OF THE EUROPEAN UNION SUPPORT
For the purpose of the application of Article II.7.1 the partner shall indicate in any communication or
publication about the action, including its website, that the action has received funding from the
European Union. Such acknowledgment shall be worded as follows: "with the support of Creative
Europe - MEDIA Programme of the European Union" and be accompanied by the Creative Europe MEDIA logo and the European flag. The partner shall use the logos, trademarks or items created by
the Agency for these purposes and include in the publications/catalogue of the action covered by this
Agreement the text provided by the Agency.SIGNATURES
For the Agency
[forename/surname]
Head of Unit
Authorising Officer by Sub-delegation.
[signature]
Done at Brussels, [date]
In duplicate in English
7
Decision number: [complete]
Model grant decision (mono beneficiary): March 2014
Annex I
Description of the action
Annex II
General Conditions (hereinafter referred to as “the General Conditions”)
Annex III
Estimated budget of the action
Annex IV
Model technical report
Annex V
Model financial statement: not applicable
Annex VI
Model terms of reference for the certificate on the financial statements and underlying
accounts: not applicable
Annex VII
Model terms of reference for the operational verification report: not applicable
Annex VIII
Applicable formulas for lump sums
8
Decision number: [complete]
Model grant decision (mono beneficiary): March 2014
ANNEX II
GENERAL CONDITIONS
Submission of a grant application implies the acceptance of these General Conditions. These
General Conditions bind the beneficiary to whom the grant is awarded and shall constitute an
annex to the Grant Decision.
The general conditions applicable to the decision (General Conditions II b) are available in the
'Documents register' of the Agency website:
http://eacea.ec.europa.eu/about/eacea_documents_register_en.php#call
[
9